By Wise                                         H.B. No. 2199

      75R6100 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution and punishment of certain obscenity

 1-3     offenses and other offenses committed to further the commission of

 1-4     obscenity offenses.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 25.08(c), Penal Code, is amended to read

 1-7     as follows:

 1-8           (c)  An offense under this section is a felony of the third

 1-9     degree, except that the offense is a felony of the second degree if

1-10     the actor commits the offense with intent to commit an offense

1-11     under Section 43.25.

1-12           SECTION 2.  Subdivisions (2) and (7), Section 43.25(a), Penal

1-13     Code, are amended to read as follows:

1-14                 (2)  "Sexual conduct" means sexual contact, actual or

1-15     simulated sexual intercourse, deviate sexual intercourse, sexual

1-16     bestiality, masturbation, sado-masochistic abuse, or lewd

1-17     exhibition of the genitals.

1-18                 (7)  "Deviate sexual intercourse" and "sexual contact"

1-19     have the meanings assigned [has the meaning defined] by Section

1-20     43.01.

1-21           SECTION 3.  Section 43.25(f), Penal Code, is amended to read

1-22     as follows:

1-23           (f)  It is an affirmative defense to a prosecution under this

1-24     section that:

 2-1                 (1)  [the defendant, in good faith, reasonably believed

 2-2     that the child who engaged in the sexual conduct was 18 years of

 2-3     age or older;]

 2-4                 [(2)]  the defendant was the spouse of the child at the

 2-5     time of the offense;

 2-6                 (2) [(3)]  the conduct was for a bona fide educational,

 2-7     medical, psychological, psychiatric, judicial, law enforcement, or

 2-8     legislative purpose;  or

 2-9                 (3) [(4)]  the defendant is not more than two years

2-10     older than the child.

2-11           SECTION 4.  Subchapter B, Chapter 43, Penal Code, is amended

2-12     by adding Section 43.27 to read as follows:

2-13           Sec. 43.27.  DUTY TO REPORT.  (a)  For purposes of this

2-14     section, "film image" has the meaning assigned by Section 43.26.

2-15           (b)  A business that develops or processes a film image and

2-16     determines that the image may be evidence of a criminal offense

2-17     under this subchapter shall report the existence of the film image

2-18     to a local law enforcement agency.

2-19           SECTION 5.  Subdivision (2), Article 59.01, Code of Criminal

2-20     Procedure, is amended to read as follows:

2-21                 (2)  "Contraband" means property of any nature,

2-22     including real, personal, tangible, or intangible, that is:

2-23                       (A)  used in the commission of:

2-24                             (i)  any first or second degree felony

2-25     under the Penal Code;

2-26                             (ii)  any felony under Section 38.04,

2-27     Subchapter B, Chapter 43, or Chapters 29, 30, 31, 32, or 35, Penal

 3-1     Code;  or

 3-2                             (iii)  any felony under The Securities Act

 3-3     (Article 581-1 et seq., Vernon's Texas Civil Statutes);

 3-4                       (B)  used or intended to be used in the

 3-5     commission of:

 3-6                             (i)  any felony under Chapter 481, Health

 3-7     and Safety Code (Texas Controlled Substances Act);

 3-8                             (ii)  any felony under Chapter 483, Health

 3-9     and Safety Code;

3-10                             (iii)  a felony under Article 350, Revised

3-11     Statutes;

3-12                             (iv)  any felony under Chapter 34, Penal

3-13     Code;

3-14                             (v)  a Class A misdemeanor under Subchapter

3-15     B, Chapter 365, Health and Safety Code, if the defendant has been

3-16     previously convicted twice of an offense under that subchapter;  or

3-17                             (vi)  any felony under The Sale of Checks

3-18     Act (Article 489d, Vernon's Texas Civil Statutes);

3-19                       (C)  the proceeds gained from the commission of a

3-20     felony listed in Paragraph (A) or (B) of this subdivision or a

3-21     crime of violence;  or

3-22                       (D)  acquired with proceeds gained from the

3-23     commission of a felony listed in Paragraph (A) or (B) of this

3-24     subdivision or a crime of violence.

3-25           SECTION 6.  This Act takes effect September 1, 1997.  The

3-26     change in law made by this Act applies only to an offense committed

3-27     on or after September 1, 1997.  An offense committed before

 4-1     September 1, 1997, is covered by the law in effect when the offense

 4-2     was committed, and the former law is continued in effect for that

 4-3     purpose.  For purposes of this section, an offense was committed

 4-4     before September 1, 1997, if any element of the offense occurred

 4-5     before that date.

 4-6           SECTION 7.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.